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People v. Southerland

136 A.D.2d 662, 523 N.Y.S.2d 779, 1988 N.Y. App. Div. LEXIS 369
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 19, 1988
StatusPublished
Cited by11 cases

This text of 136 A.D.2d 662 (People v. Southerland) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Southerland, 136 A.D.2d 662, 523 N.Y.S.2d 779, 1988 N.Y. App. Div. LEXIS 369 (N.Y. Ct. App. 1988).

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Brennan, J.), rendered June 27, 1984, convicting him of attempted criminal possession of a forged instrument in the second degree, upon his plea of guilty, and imposing sentence. By decision and order dated June 8, 1987, this court remitted the case to the Supreme Court, Queens County, to hear and report on the defendant’s application to withdraw his plea, and held the appeal in abeyance in the interim.

Ordered that the appeal is dismissed.

No hearing has been held because the defendant cannot be located. It appears that the defendant is not currently incarcerated or under parole supervision.

We agree with the report of the hearing court (Linakis, J.) that diligent efforts to locate the defendant have been made. All such efforts have been unsuccessful.

The effect of the defendant’s unexplained absence is that he is not available to obey the mandate of the court (cf, People v Howe, 32 NY2d 766; People v Jimenez, 97 AD2d 799). Therefore, the appeal is dismissed. Thompson, J. P., Lawrence, Kunzeman, Rubin and Sullivan, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
136 A.D.2d 662, 523 N.Y.S.2d 779, 1988 N.Y. App. Div. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-southerland-nyappdiv-1988.